Procurement - framework agreement for print and associated services (2023) lot 1 - buyer guide

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Process for call off from the framework agreement

Framework public bodies ordering procedures

Framework public bodies sourcing their service requirements through this framework agreement must award their service requirements in accordance with the procedure set out in framework schedule 3 of the entire agreement document (ordering procedures).

Framework public bodies are advised to complete and sign off one copy of schedule 5 for each contractor on Lot 1 and apply a unique reference number for each contractor’s schedule 5 document. The framework public bodies should refer to the appropriate contractor’s reference number when awarding services under the framework.

A copy of the framework terms and conditions, including schedules 1 (specification), schedule 2 (price), schedule 3 (ordering procedures), schedule 4 (management information – roles and responsibilities of contractors and framework public bodies) and schedule 5 (supply call-off terms and conditions) can be downloaded from the Knowledge Hub.

Framework public bodies are reminded that schedule 2 (price) contains commercially sensitive information which must not be disclosed to any party out with your organisation without prior approval from Scottish Procurement.

An example order form is attached at Annex A of the PDF version of this guidance document. Framework public bodies can this form or create their own.

If a framework public body can determine that:

• its service requirements are sufficiently defined in the framework contractor's matrix of services
• all of the terms of the proposed contract are laid down in this framework agreement and the call-off terms do not require amendment or any supplementary terms and conditions

If below £3,000 then framework public bodies may place an order in accordance with the direct ordering procedure set out in “direct ordering without a further competition” outlined below.

Where the framework public bodies service requirements are not sufficiently defined in the terms of this framework agreement, then framework public bodies shall conduct a mini competition in accordance with the procedures set out in “mini competition procedure” outlined below or place an order in accordance with the thresholds.

Thresholds

Any framework public bodies ordering services under this framework agreement shall include:

• a clear specification for your service requirements
• a request for a proposal and quotation, or alternatively state the price payable for the service requirements in accordance with the framework prices where applicable
• incorporate the call-off terms and conditions (schedule 5)
• document the award procedures on file.

Where the value of the framework public bodies service requirement is below £3,000, then the framework public bodies shall:

• invite one contractor from the framework Lot 1 to submit a proposal; or conduct a mini-competition and
• document the selection and award procedures on file

Where the value of the framework public bodies service requirement is £3,000 and over, the framework public bodies must conduct a mini competition and invite all of the framework contractors on Lot 1 to submit a tender in accordance with the procedures laid down in paragraph 4 below and make an award to one.

The authority reserves the right to review the thresholds within a period of six months following framework award, and thereafter as deemed necessary by the authority.

Mini competition procedure

Framework public bodies may wish to consider using the Public Contracts Scotland Quick Quote System to conduct mini competitions.

The framework public bodies shall:

• consult in writing with all the framework contractors appointed to the framework lot 1 and invite them, within a specified time limit, to submit a mini-competition tender in writing
• consult in writing with all the framework contractors appointed to the framework Lot 1 and invite them, within a specified time limit, to submit a mini-competition tender in writing for each order to be awarded

Set weightings for the award criteria in the mini-competition invitation to tender against the following:

Technical criteria (xx% weighting shall be set by framework public bodies at mini competition)

• service delivery - proposal to demonstrate how the services will be delivered, with particular emphasis on quality, delivery timescales and customer satisfaction

Commercial Criteria (xx% weighting shall be set by Framework Public Bodies at mini competition)

• pricing - total tender cost ex VAT

Proposal to demonstrate how the services will be delivered, with particular emphasis on quality, delivery timescales and customer satisfaction.

Framework public bodies are reminded that the delivery of high-quality public services is critically dependent on a workforce that is well-motivated, well-led and has appropriate opportunities for training and skills development. These factors are also important for workforce recruitment and retention, and thus continuity of service. The Scottish Government itself has adopted workforce policies to meet these requirements. These policies include:

• a pay policy that includes a commitment to supporting the Living Wage for the duration of this Parliament
• clear managerial responsibility to nurture talent and help individuals fulfil their potential
• a strong commitment to Modern Apprenticeships
• support for learning and development
• no inappropriate use of zero hours contracts
• flexible working
• flexitime
• career breaks

In order to ensure the highest standards of service quality in this contract, you may therefore wish to include criteria to be able to assess a positive approach, from the service providers to workforce-related matters as part of a fair and equitable employment and reward package.

A Scottish Procurement Policy Note is provided to assist you in considering the relevance of this criteria to your requirement:

The evaluation criteria allow for flexibility regarding the composition of percentage weightings allocated against each of the criteria shown above. The mini competition should be conducted on the basis of the criteria listed above and on the same, or if necessary, more precisely formulated terms. Where a framework public bodies would like to introduce additional terms, for example, account management or sustainable benefits, full details must be provided in the invitation to tender document.

Set a time limit for the receipt of the mini-competition tenders which takes into account factors such as the complexity of the subject matter of the order and the time needed to submit tenders.

Keep each mini-competition tender confidential until the expiry of the time limit for the receipt by it of mini-competition tenders.

Apply the award criteria and weightings to the framework contractors' compliant tenders submitted through the mini-competition as the basis of its decision to award an Order for its Services requirements.

On the basis set out above, award its services requirements by placing an order with the successful framework contractor in accordance with the following:

• states the services requirements
• states the specification
• states the charges payable for the Services requirements in accordance with the tender submitted by the successful framework contractor
• incorporates the call-off terms applicable to the services

Provide unsuccessful framework contractors with feedback in relation to the reasons why their tenders were unsuccessful. The substance and form of the feedback given to unsuccessful bidders in the mini competition will be at the framework public bodies discretion.

Buyers are reminded of the obligations contained in the Procurement Reform (Scotland) Act 2014 in relation to the award of contracts valued equal to or greater than £50,000 including those awarded as a result of a framework call-off/mini competition.

In particular, buyers should note that in accordance with Section 23(2) the award of contracts must be publicised on the Public Contracts Scotland website and in accordance with Section 35, contracts must be registered in the contracting authority’s “contracts register”.

Your attention is also drawn to the requirement to provide feedback in accordance with Section 32 and Section 33.